국민체육진흥법위반등
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for one year, and for one year and eight months, respectively.
(b).
1. The summary of the grounds for appeal is too unreasonable that the sentence (one and half years of imprisonment, and two and half years of imprisonment) declared by the court below against the Defendants is too unreasonable.
2. Prior to the judgment on the Defendants’ assertion of unfair sentencing, the lower court ex officio examined the Defendants’ act of similar nature among the crimes indicated in the facts charged, and applied “Article 48 subparag. 3 and 26(1) of the National Sports Promotion Act, and Article 30 of the Criminal Act.” However, the said provision applies to “a person who gambles by using a prohibited act under Article 26(1) of the National Sports Promotion Act,” as indicated in the facts charged, to “an act of offering property or property benefits to a person who issued sports promotion betting tickets or similar things and made an enemy result.” As indicated in the facts charged, the said provision ought to be applied to “an act of offering property or property benefits to a person who made an enemy result” as
Therefore, the judgment of the court below is erroneous in the application of the applicable provisions to the defendants' crimes stated in the facts charged, so the judgment of the court below cannot be maintained any more in this respect.
3. In conclusion, the judgment of the court below is reversed ex officio under Article 364(2) and (6) of the Criminal Procedure Act without examining the defendants' assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the entries in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The Defendants of relevant legal principles concerning criminal facts: Article 47 subparagraph 2 of the National Sports Promotion Act and Article 26 (1) of the same Act, Article 30 of the Criminal Act (a similar act), and Articles 247 and 30 of the Criminal Act (a point of opening gambling spaces).
1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act
1. The Defendants: Imprisonment with prison labor;
1. Defendant A with suspended execution: The degree of crimes under Article 62(1) of the Criminal Act is significant;